2550 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

Section 34 General Penalties. Any 

person adjudged to be in violation of 

this Code, including any lawful 

regulation promulgated pursuant 

thereto, shall be subject to a civil fine 

of not more than five hundred dollars 

($500.00) for each such violation. The 

Gaming Commission may adopt by 

resolution a separate schedule for fines 

for each type of violation, taking into 

account the seriousness and threat the 

violation may pose to the general health 

and welfare. Such schedule may also 

provide, in the case of repeated 

violations, for imposition of monetary 

penalties greater than the five hundred 

dollar ($500.00) limitation set forth 

above. The penalties provided for herein 

shall be in addition to any criminal 

penalties that may be imposed under 

applicable law. 

Section 35 Initiation of Action. Any 

violation of this Code shall constitute a 

public nuisance. The Gaming 

Commission, on behalf of and in the 

name of the Tribe, may initiate and 

maintain an action in Tribal Court to 

abate and permanently enjoin any 

nuisance declared under this Code. Any 

action taken under this section shall be 

in addition to any other penalties 

provided for in this Code. The plaintiff 

shall not be required to give bond in this 

action. 

Section 36 Inspection. Immediately 

upon the request of a law enforcement 

officer or a Commission investigator 

empowered to enforce this Code and the 

rules and regulations promulgated 

hereunder, a licensee shall make the 

licensed premises available for 

inspection and search during regular 

business hours or when the licensed 

premises are occupied by the licensee, 

including the licensee’s employees and 

agents. 

Section 37 Contraband; Seizure; 

Forfeiture. 

(a) All alcoholic liquor within the 

Reservation held, owned, or possessed 

by any person or licensee operating in 

violation of this Code is hereby declared 

to be contraband and subject to 

forfeiture to the Tribe. 

(b) Within three (3) weeks following 

the seizure of the contraband, a hearing 

shall be held by the Gaming 

Commission, at which time the operator 

or owner of the contraband shall be 

given an opportunity to present 

evidence in defense of his or her 

activities. 

(c) Notice of the hearing shall be given 

to the person from whom the property 

was seized, if known prior to hearing. If 

the person is unknown, notice of the 

hearing shall be posted at the place 

where the contraband was seized and at 

other public places on the Reservation. 

The notice shall describe the property 

seized, and the time, place, and cause of 

seizure and give the name and place of 

residence, if known, of the person from 

whom the property was seized. 

(d) If upon hearing, the evidence 

warrants, or if no person appears as a 

claimant, the Gaming Commission shall 

thereupon enter a determination of 

forfeiture and order such contraband 

sold or destroyed forthwith. 

Section 38 Disposition of Proceeds. 

The gross proceeds collected by the 

Commission from licensing shall be 

distributed as follows: 

(a) First, to the Commission for the 

payment of all necessary personnel, 

administrative costs, and legal fees for 

the administration of the provisions of 

this Code; and 

(b) Second, to the Tribe any 

remainder. 

Section 39 Appeals. Appeals under 

this Code may only be brought in the 

Pokagon Band Tribal Court by an 

applicant or a licensee to: 

(a) challenge a final Gaming 

Commission decision to deny a license, 

to deny an application to renew or 

transfer a license, or to revoke a license; 

or 

(b) to compel a Gaming Commission 

decision or action unreasonably delayed 

or unlawfully withheld more than sixty 

(60) days beyond any mandatory time 

limit established by law. 

The Tribal Court shall hold unlawful 

and set aside any Gaming Commission 

decision it finds to be arbitrary, not in 

accordance with law, in excess of 

statutory authority, or unsupported by 

substantial evidence in the record. The 

Tribal Court shall give deference to the 

Gaming Commission’s reasonable 

interpretations of this Code and any 

rules or regulations promulgated 

hereunder. 

Section 40 License Not a Property 

Right. Notwithstanding any other 

provision of this Code, a liquor license 

is a mere permit for a fixed duration of 

time. A liquor license shall not be 

deemed a property right or vested right 

of any kind, nor shall the granting of a 

liquor license give rise to a presumption 

of legal entitlement to the granting of 

such license for a subsequent time 

period. 

Section 41 Savings Clause. In the 

event any provision of this Code shall 

be found or declared to be invalid by a 

court of competent jurisdiction, all of 

the remaining provisions of this Code 

shall be unaffected and shall remain in 

full force and effect. 

Section 42 Effective Date. The 

effective date of this Code is the date 

that the Secretary of the Interior 

publishes the same in the Federal 

Register. 

Section 43 Prior Inconsistent Acts. 

Except as provided otherwise under 

applicable federal law, this Code shall 

be the exclusive Tribal law governing 

the introduction, distribution, sale and 

regulation of alcoholic liquor within the 

Reservation. This Code shall supersede 

any and all Tribal laws that are 

inconsistent with the provisions of this 

Code, and such laws are hereby 

rescinded and repealed. 

Section 44 Sovereign Immunity 

Preserved. 

(a) The Tribe, and all of its constituent 

parts, which includes but is not limited 

to Tribal enterprises, subordinate 

organizations, boards, committees, 

officers, employees and agents, are 

immune from suit in any jurisdiction 

except to the extent that such immunity 

has been expressly and unequivocally 

waived in writing by the Tribe. 

(b) Nothing in this Code, and no 

enforcement action taken pursuant to 

this Code or otherwise, including 

without limitation the filing of suit by 

the Gaming Commission to enforce any 

provision of this Code or other Tribal 

law, shall constitute a waiver of such 

sovereign immunity, either as to any 

counterclaim, regardless of whether the 

asserted counterclaim arises out of the 

same transaction or occurrence, or in 

any other respect. 

Legislative History 

Liquor Control Code, enacted 

September 9, 2006 by Res. No. 06–09–

09–12 and certified by the Secretary of 

the Interior and published on lll 

lll ll( Fed.Reg.) lll. 

[FR Doc. E7–714 Filed 1–18–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Advisory Board for Exceptional 

Children 

AGENCY: Bureau of Indian Education, 

Interior. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

Bureau of Indian Education is 

announcing that the Advisory Board for 

Exceptional Children will hold its next 

meeting in Washington, DC. The 

purpose of the meeting is to meet the 

mandates of the Individuals with 

Disabilities Education Improvement Act 

of 2004 (IDEIA) on Indian children with 

disabilities. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2551 

DATES: The Board will meet on 

Saturday, February 3, 2007, from 6 p.m. 

to 9 p.m.; Sunday, February 4, 2007, 

from 8 a.m. to 4 p.m.; and Monday, 

February 5, 2007, from 8 a.m. to 4 p.m. 

Local Time. 

ADDRESSES: The meetings will be held at 

the Wardman Park Marriott Hotel, 2660 

Woodley Road, NW., Washington, DC 

20008, on Saturday, February 3, 2007, 

and Sunday, February 4, 2007, and at 

the Department of the Interior, Main 

Building, 1849 C Street, NW., 

Washington, DC 20240, Room # 3622, 

on Monday, February 5, 2007. 

Written statements may be submitted 

to Mr. Thomas M. Dowd, Director, 

Bureau of Indian Education, 1849 C 

Street, NW., MS–3609 MIB, 

Washington, DC 20240; Telephone (202) 

208–6123; Fax (202) 208–3312. 

FOR FURTHER INFORMATION CONTACT: 

Stanley R. Holder, Designated Federal 

Official, Bureau of Indian Education, 

Division of Compliance, Monitoring and 

Accountability, P.O. Box 1088, Suite 

332, Albuquerque, New Mexico 87103; 

Telephone (505) 563–5270. 

SUPPLEMENTARY INFORMATION: The 

Advisory Board was established to 

advise the Secretary of the Interior, 

through the Assistant Secretary—Indian 

Affairs, on the needs of Indian children 

with disabilities, as mandated by the 

Individuals with Disabilities Education 

Improvement Act of 2004 (Pub. L. 108–

446). 

The following items will be on the 

agenda: 

• Special Education Director’s Report 

• Status of Annual Performance 

Report 

• IDEIA Regulations Training 

• 2006–2007 Monitoring Activities 

• Dispute Resolution Activities 

• Review of the 2005–2006 Annual 

Report 

• Eligibility Determination for Special 

Education Services: Reading First 

Procedures and/or Response to 

Intervention 

• Mental Health Needs 

The meetings are open to the public. 

Dated: January 12, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

[FR Doc. E7–744 Filed 1–18–07; 8:45 am] 

BILLING CODE 4310–6W–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[UT–910–07–1040–PH–24–1A] 

Notice of Utah Resource Advisory 

Council Meeting 

AGENCY: Bureau of Land Management, 

Department of Interior. 

ACTION: Notice of Utah Resource 

Advisory Council (RAC) Meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act (FLPMA) and the Federal Advisory 

Committee Act of 1972 (FACA), the U.S. 

Department of the Interior, Bureau of 

Land Management’s (BLM) Utah 

Resource Advisory Council (RAC) will 

meet as indicated below. 

DATES: The Utah Resource Advisory 

Council (RAC) will meet February 15, 

2007, from 8 a.m. until 4:30 p.m. 

ADDRESSES: The Utah BLM Resource 

Advisory Council will meet at the 

Marriott Hotel, Bryce Conference Room, 

101 West 100 North, Provo, Utah. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Foot, Special Programs 

Coordinator, Utah State Office, Bureau 

of Land Management, P.O. Box 45155, 

Salt Lake City, Utah, 84145–0155; 

phone (801) 539–4195. 

SUPPLEMENTARY INFORMATION: The focus 

for this meeting will be Recreation 

RACs. A briefing on the Federal Land 

Recreation Enhancement Act and the 

interagency agreement for use of 

Recreation RACs, as well as, data on 

current fees and how they are used will 

be presented. A public comment period, 

where members of the public may 

address the RAC, is scheduled from 3:45 

p.m.–4:15 p.m. Written comments may 

be sent to the Bureau of Land 

Management address listed above. All 

meetings are open to the public; 

however, transportation, lodging, and 

meals are the responsibility of the 

participating public. 

Dated: January 9, 2007. 

Selma Sierra, 

State Director. 

[FR Doc. E7–741 Filed 1–18–07; 8:45 am] 

BILLING CODE 4310–$$–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[NM–952–06–1420–BJ] 

Notice of Filing of Plats of Survey; New 

Mexico 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: The plat of survey described 

below was officially filed in the New 

Mexico State Office, Bureau of Land 

Management, Santa Fe, New Mexico, on 

January 12, 2007. 

SUPPLEMENTARY INFORMATION: New 

Mexico Principal Meridian, New 

Mexico: The plat representing the 

survey of Tracts within the Sebastian 

Martin Grant, accepted December 14, 

2006, for Group 1057 New Mexico. 

FOR FURTHER INFORMATION CONTACT: 

These plats will be available for 

inspection in the New Mexico State 

Office, Bureau of Land Management, 

and P.O. Box 27115, Santa Fe, New 

Mexico 87502–0115. Copies may be 

obtained from this office upon payment 

of $1.10 per sheet. 

Dated: January 12, 2007. 

Stephen W. Beyerlein, 

Acting Chief Cadastral Surveyor, New Mexico. 

[FR Doc. 07–203 Filed 1–18–07; 8:45 am] 

BILLING CODE 4310–FB–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

30-Day Notice of Submission of Study 

Package to Office of Management and 

Budget; Opportunity for Public 

Comment 

AGENCY: National Park Service, 

Department of the Interior. 

ACTION: Notice and request for 

comments. 

SUMMARY: Under provisions of the 

Paperwork Reduction Act of 1995 and 5 

CFR Part 1320, Reporting and Record 

Keeping Requirements, the National 

Park Service (NPS) invites comments on 

a proposed new collection of 

information (OMB #1024–xxxx). 

The Office of Management and Budget 

(OMB) has up to 60 days to approve or 

disapprove the NPS request for the 

collection of information, but may 

respond after 30 days. Therefore, to 

ensure maximum consideration, OMB 

should receive public comments within 

30 days of the date on which this notice 

is published in the Federal Register. 

This study will provide the NPS and 

park managers with critical public input 

regarding deer issues in and around 

northeastern NPS units. The study will 

use a mail survey of hometown in 

communities near parks to assess: (1) 

The degree to which experience, 

individual capacity, and perceptions of 

institutional capacity affect residents’

intention to participate in deer 

management planning, (2) the degree of 


sroberts on PROD1PC70 with NOTICES